Cases: Section 998

Section 998:  Plaintiff’s Unaccepted 998 Offer Resulted In $339,467 In Costs Against Defense

Cases: Section 998

Defendants’ Alleged Indigent Status And Insurer Excess Liability Factors Were Inconsequential, And Technical Argument On 998 Acceptance Line Formatting Rejected.             Although unpublished, Hackett v. Silva Trucking, Inc., Case No. C076745 (3d Dist. Nov. 22, 2017) (unpublished) is an interesting analysis of factors which were not properly considered when the defense rejected 998 offers in […]

Section 998:  Minor Losing Case Against School District Not Exposed To 998 Fee-Shifting Because District Asked For Broad Release Without Limits

Cases: Section 998

$118,271.74 CCP § 998 Exposure Avoided By Losing Minor.             K.F. v. Los Angeles Unified School Dist., Case Nos. B276410/B277982 (2d Dist., Div. 2 Nov. 9, 2017) (unpublished) reiterates lessons for crafting a successful CCP § 998 offer, especially how one must be careful in asking for narrow releases and waiver of claims to insure

Civil Rights/Costs/Section 998: Plaintiff Failing To Beat 998 Offer In FEHA/POBRA Case Was Liable For $90,387.28 In Costs

Cases: Civil Rights, Cases: Costs, Cases: Section 998

Policies Of Both FEHA Cost Shifting And 998 Cost Shifting To Be Considered By Trial Courts, But 998 Resolution Policies Prevailed In This One.             Sviridov v. City of San Diego, Case No. D069785 (4th Dist., Div. 1 July 28, 2017) (unpublished) is an interesting case where a terminated police officer failed to beat several

Section 998: Joint Offer Was Not Invalid Because Rejecting Joint Litigants Had A “Unity Of Interest”

Cases: Section 998

General Rule Was Not Applicable Because “Unity Of Interest” Exception Applied.             A trial judge awarded $20,780.20 in costs (primary expert witness fees) as well as attorney’s fees to the defense based on a rejected CCP § 998 offer to joint plaintiffs.  The rejecting plaintiffs in Rumbeck v. Premier Valley, Inc., Case No. F072262 (5th

Landlord/Tenant, Prevailing Party, Section 998: $324,533.50 Fee Award To Landlord Affirmed In Second Coercive Declaratory Relief Lawsuit Against Tenant

Cases: Landlord/Tenant, Cases: Prevailing Party, Cases: Section 998

Dispute Focused On Tenant’s Ability To Use Common Areas Behind Lease Premises.             Landlord/tenant disputes can be expensive from fee expense and fee award perspectives, as Muzzi v. Bel Air Mart, Case No. C073684 (3d Dist. July 3, 2017) (unpublished) demonstrates.            In this one, landlord had to bring a “coercive” declaratory relief action against a

Section 998: Where Acceptance Mode Language Was Not Precise Enough, Specified Delivery Methods Were Suggested Modes Only

Cases: Section 998

After All, 998 Plaintiff Offeree Did Receive Acceptance By Mail From Defense. Safeway Food & Drugs. Photographer: John Margolies. 2003. Library of  Congress.           This next case, Lee v. Safeway Inc., Case No. A148301 (1st Dist, Div. 2 June 26, 2017) (unpublished), is interesting in the way both the trial and appellate courts confronted a

Allocation/Section 998: Plaintiff Accepting $9,980 998 Offer After Aggressive Litigation By Defense Properly Granted $93,270 In Attorney’s Fees

Cases: Allocation, Cases: Section 998

Panoply Of Defense Arguments Rejected On Appeal.             Plaintiff in Alexander v. Market Street Apartments, LLC, Case No. D070198 (4th Dist., Div. 1 June 23, 2017) (unpublished) accepted a CCP § 998 offer for $9,980 expressly allowing her to file a fees motion in a wage/hour dispute subject to a one-way favorable Labor Code fee

Section 998: Prevailing Defendant Reaps Large Successful 998 Offer Award To The Tune Of $514,005.66 Against Unsuccessful Personal Injury Plaintiffs

Cases: Section 998

Case Teaches That 998 Offers Must Be Taken Seriously, With Appellate Court Rebuffing Multiple Technical Challenges To The Underlying Offers.             Rempell v. Hofmann, Case No. A146257 (1st Dist., Div. 4 June 14, 2017) (unpublished) involved a husband and wife suing for personal injuries/loss of consortium against a defendant making two pre-trial Code of Civil

Arbitration/Section 998: Appellate Court Provides Guidance On How To Request 998 Fee/Costs Shifting From The Arbitrator Before Merits Determination

Cases: Arbitration, Cases: Section 998

    Basic Lesson Is That Request Can Be Made After Merits Determination, With No Pre-Merits “Notice Alert” To Arbitrator Being Necessary.               Heimlich v. Shivji, Case No. H042641 (6th Dist. May 31, 2017) (published) is a significant appellate decision specifying how a litigant in an arbitration proceeding preserves the ability to obtain recovery

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